Anyone Who Can help with Scottish Law!!! - Page 2

nicola · 10th May 2006, 14:25

Just had another letter from the branch, advising me that they have not had time to go through my statements and will require another 14 day to do this, that would bring there total up to five weeks, they are still working on this at branch level. I have just sent my LBA letter of to them for £4,418.69, should I give them them another 14 day or just go straight to the court action?

nicola · 19th May 2006, 11:11

Just had a letter from the Bank stating that there charges are LEGAL!!!! And they will not be refunding any of my £4k looks like court action.

Movingon · 19th May 2006, 11:24

Yes... never give them more time. Just file your claim as per the timetable you set.

JMio · 19th May 2006, 12:32

With regards to 'being scared' - one of the Mods (I think it was Dave) posted recently:

The very worst thing that can happen, is that you go to Court, and lose. Meaning you're £39 (or whatever it costs you to present the claim) out of pocket.

Not the end of the world - and by all accounts, it doesn't seem that the Banks are keen to even let it get that far are they!?

Good luck & keep at the b@stards!

nicola · 23rd May 2006, 18:20

Can anyone help I'm ready to file a claim with the court but can not find the form for Scotland. Sorry if I seem stupid but I'm pregnant and my head is all over the place with this. Thanks

fruitycar · 23rd May 2006, 19:06

you will find them here
http://www.scotcourts.gov.uk/sheriff...aims/index.asp

take a look at Scotias post in the scotland sub-forum Scottish Procedure

have a good read of both, come back and ask any questions you need. Remember the only stupid question is an unasked question.
And good luck, I felt really empowered when I spoke to the clerk at the court and he asked was I an individual claiming against a bank? ....yes I am, but I am one of many....

madboffin · 24th May 2006, 01:44

I was just about to send off my LBA to RBoS when I noticed some blurb in the Scotish courts web site about the amount limits on claims... £750 max for the small claims, £1500 max for the next stage up (summary cause) and since I'm trying to reclaim £2580 I contacted the Sheriff Clerks office and was told that this amount, in a single action (what they prefer to see in court) must be submitted as an "Ordinary Action" and would require the intervention of a lawyer... Now, despite my convictions, I have a wee voice in my head saying,
" fees! you don't want to get a lawyer if there's a chance you'll lose and be stuck with the fees!"
Anyone else raised an ordinary action? How'd it go?
I know this is playing right into the banks hands - I might get scared off but there is this wee nagging feeling that the minute you walk into the lawyers office the clock is running and all of a sudden you're not doing this to reclaim illegal fees but to pay the lawyer!

I'm getting twitchy and need some encouragement!

woolfie · 24th May 2006, 17:19

What you need to do is sever your claim! This means you split down the charges into amounts of no more than £750. You could split it down by date (claim a year at a time) whatever it takes to keep it below £750.

You then submit your claims one at a time. Wait till you get a result on one before moving on to the next. If you were to submit the whole lot at once there is a chance the bank would ask the court to consolidate the claims.

If you do a forum search on the word sever you will get all the information you need.

Good Luck

madboffin · 25th May 2006, 11:21

Confidence duly boosted, thank Woolfie!

LBA winging it's way to them, charges split nicely into 3 and a bit small claims. The countdown begins.

I'll start a new thread to keep all posted on progress - thanks again

nicola · 12th June 2006, 13:19

Sent my papers to the court on Thursday hopefully should hear this week about a court date.

nicola · 14th June 2006, 12:43

Just had my court date in for 31st August seems such a long time away. Is this the norm?

nicola · 4th July 2006, 12:17

I have had my court date in for the 31st Of August got it about a month ago but not heard a peep from the bank of from the court, what should I expect now?????

Movingon · 4th July 2006, 15:02

Quote:

Originally Posted by nicola

I have had my court date in for the 31st Of August got it about a month ago but not heard a peep from the bank of from the court, what should I expect now?????

Have they acknowledged the claim? If not, and it was more than 14 days ago, you can apply for a Judgement by Default; (not sure what you guys up there in Scotland call this) which means you win with no further effort. They will probably then wake up and apply for it to be set aside... and file a defence... and start it up all over again. It's worth going through with it though; they will NEVER come to court.

nicola · 6th July 2006, 09:22

Help I've recived a letter from the RBS stating, in view of me raising court action for £730 they are willing to give me a good will payment of £730 + £39.00, and this is a full and final settlement. As I am in Scotland I could only raise action for £750 so what happens to the other £3734.08 that they still have oweing to me??? Do I tell them that I will accept this offer and start court proceeding for the other money???

Movingon · 7th July 2006, 09:55

Just hiking this post to the top so hopefully someone who knows Scotland will respond...

Bookworm · 7th July 2006, 10:41

You have to accept if they have made offer to pay in full, which they have. Just make sure that you write something to the effect that this settlement is for this claim only and does not affect any future claims you may raise.

I also strongly suggest that you a) read the guide to scotland claims by Scotia at the beginning of the Scotland forum, b) read as much of that forum material as you can to see how others (again, Scotia's threads make good reading) have handled things. It will help you getting a feel for how things happen there.

Once you have your money, get drunk, get over the hangover, and on to the next chunk!

nicola · 15th July 2006, 12:26

I wrote tho the bank agreeing to take the £769.00 from the smail clailm I has raised, I also told them I would be persuing the rest of the money's owing to me. I have now had a letter fromthe bank saying, "The bank reached a settlement with you on the understanding thatthis was your full claim. If it's your attention to now raise numerous small claims actions rather than make one claim as a n ordinary action, the bank considers this is abuse of the court process and future actions will be defended." I did put in my letter that I only accepted the claim as an intrum payment, please help i'm really stuck, do I file another claim or just accept what I have been given.

BlueRuby · 15th July 2006, 13:23

I'm no expert Nicola, certainly not where the Scottish system is concerned, but I think the bank's just trying to frighten you. They say future actions will be defended, well they won't! I don't know what the exact wording of your letter was, but when I got my money back from First Direct, I made sure I put the claim number on the form I had to sign, just in case I had to claim again, ie it was in full and final settlement of that claim only. Hopefully someone who knows more about it will be able to reassure you more but I wouldn't worry too much!!

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